Disaster Management Act, 2002 (Act No. 57 of 2002)RegulationsRegulations issued in terms of Section 27(2) of the Disaster Management Act, 2002 (COVID-19)Chapter 8 : COVID-19 Vaccine Injury No-Fault Compensation Scheme92. Adjudication Panel and Appeal Panel |
| (1) | The functionaries of the claims adjudication process of the Scheme hereby established are— |
| (a) | the Adjudication Panel; and |
| (b) | the Appeal Panel. |
(2)
| (a) | The Adjudication Panel shall comprise of at least 3, but no more than 5 members. |
| (b) | The Cabinet member responsible for Health must appoint the members of the Adjudication Panel, following a nomination process, and subject to the criteria set out in directions and the call for nominations, relating to qualifications , expertise and experience. |
| (c) | The members of the Adjudication panel must between them have appropriate medical expertise, financial expertise, and expertise in the adjudication of compensation of injuries. |
(3)
| (a) | The Appeal Panel shall comprise of 3 or more permanent members and 2 additional members, who may be appointed if additional expertise is required, who all may be appointed by the Cabinet member responsible for Health following a nomination process, and subject to the criteria set out in the directions and the call for nominations , relating to qualifications, expertise and experience. |
| (b) | The Appeal Panel must be chaired by an advocate or attorney with at least 15 years' experience. |
| (c) | At least one of the permanent members of the Appeal Panel must have medical expertise and at least one of the permanent members of the Appeal Panel must have expertise in finance or in the assessment of damages. |
(4)
| (a) | The members of the Adjudication Panel and Appeal Panel must be independent from each other and possess appropriate expertise to fulfil their functions in respect of the implementation of the Scheme. |
| (b) | The members of the Adjudication Panel and the permanent and additional members of the Appeal Panel are appointed for the period, and on the terms and conditions, determined in writing by the Cabinet member responsible for Health. |
| (c) | The Director-General of the National Department of Health must provide necessary administrative support to the Adjudication Panel and Appeal Panel. |
| (d) | The Adjudication Panel and Appeal Panel shall take their decisions independently in terms of these Regulation and the Directions thereunder , and no person shall interfere with their decisions. |
| (5) | The Adjudication Panel and Appeal Panel must take decisions and make assessments in accordance with— |
| (a) | the requirements contained in regulation 93 and the directions issued in terms of regulation 93(3); and |
| (b) | the directions issued in terms of regulation 94. |
| (6) | The Adjudication Panel must further comply with regulation 98 in the adjudication of claims. |
| (7) | The Appeal Panel must further comply with regulation 99 in the adjudication of appeals. |